Apply for CP and return to India??

Lcrusader

lcrusader said:
Folks,

I have to leave for India and am in the process of getting a PERM approval. One of the options I have is to apply for my I140/CP after PERM approval and return to india. I will be working for a different company in India and will not be tied to my GC sponsor in any way. Do you think my CP will be processed while I work in India for a different employer? If not, what other alternatives are available to keep my GC active?

Appreciate any input.

Thanks
Ravi
Click to expand...

Ravi, Since you said " You have to leave India, one of the option is to apply for I140 CP option",

Assuming your relations with the company is good and company is doing good.
You will be OK as long as you can can able get the fallowing In I140 CP for future employment option.
1) Notarized offer letters from your sponsoring company to submit with Packet 3 to NVC & at the time of the Interview.
2)You have to have somebody to take immediate actions on behalf of you in USA , in case of any Queries during I140 process or from NVC.

To the concerns with all our friends , the above option comes into the picture when you do not have
1) NO way to continue to work in sponsoring company in USA.
2)You have no way to apply for AOS or I140 CP while working in the same company.

It's you, to take up a decision with your lawyer's consent based on your circumstances.
Just I am trying to give the information with the example of my husband's case in I140 CP for future employment while he is working in different orgnization in India.
Good luck.
 
Many posts and counter posts and confusion.
Is it that complicated really?.
Fundamentally,
Any I-140 for getting processed or approved, the basic thing is
employer's requirement for the job&continued intent/ support for the applicant.
If X co.(future) is doing this (in CP) ,140 approval requires a letter from employer as a proof for the future employment and an assurance to that affect addressing the issue.
If he is working for Y co. in India now,he can always do, as there is nothing that stopping the processing as long X co. supports his case and he has
an 'intent' to serve/join X after GC approval.
Even if he is not working for Y it's OK since CIS won't bother ,as Y is non-entity/irrelevant (For the GC purpose) for them,as GC is for a future job.
(Not that some one can not join the future job now but it assumes/considers that he will be taking the job after GC approval and working presently in that job is not critically matters ).
That's it.
 
Participant said:
Many posts and counter posts and confusion.
Is it that complicated really?.
Fundamentally,
Any I-140 for getting processed or approved, the basic thing is
employer's requirement for the job&continued intent/ support for the applicant.
If X co.(future) is doing this (in CP) ,140 approval requires a letter from employer as a proof for the future employment and an assurance to that affect addressing the issue.
If he is working for Y co. in India now,he can always do, as there is nothing that stopping the processing as long X co. supports his case and he has
an 'intent' to serve/join X after GC approval.
Even if he is not working for Y it's OK since CIS won't bother ,as Y is non-entity/irrelevant (For the GC purpose) for them,as GC is for a future job.
(Not that some one can not join the future job now but it assumes/considers that he will be taking the job after GC approval and working presently in that job is not critically matters ).
That's it.
Click to expand...
Participant,
thanks for the clarifiaction. Ravi's case which we have been discussing , as u have also read is going to apply for 140/cp and leave the present job and go to india and work for different company.While his 140/cp is in process he will be working with different company in india. now lets presume his 140 gets approved and gets an interview for cp. Now how is going to produce the employment letter from the previous employer , w2s?because he already would have left the present job that time?? Because Here the future employment/intent to work for the sponsoring company will not be there as he has already left sponsoring company. Even if he has good relation with the present company and they are willing to provide the employment letter , his w2s, tax returns, pay stubs which he will be needing will not show any link with the present company. Is it not putting the future GC process under jeopardy by falsifying the facts. Is not safer to complete the gc process and then go to india and work for different company?
thanks
 
sudmoni said:
Participant,
Is not safer to complete the gc process and then go to india and work for different company?
thanks
Click to expand...
In interview he has to show proof that X(sponsored Co) has the intent to employ him after GC.Whether he has left now(just after applying 140)is different issue but he HAS to SHOW the PROOF of employer intent
Thro' a letter stating that they will employ him in dada job and duties with $$$ salary, on getting his GC or IMMIGRANT VISA .
Unless he has that he will fail in the interview.
Regarding serving/leaving his X employer presently now, is not very critical issue(it may happen due to personal problems he left temporarily and again he has the intent to join X once approved etc for example) but that may give a slightly negative point if probed in the interview
However he has to answer this point carefully after consulting a lawyer.
Why and how the present employer has a role in this and is the 140 ported to
present eemployer on what basis or regulations?
----------------------------------------------------------------------
Above is Not alegal advise.
 
Last edited by a moderator:
I am extremely sorry for not having contributed yet to this discussion. We had a baby boy 10 days ago and I haven't been to the forum since then. I am writing this while my son is crying for a diaper change.

I am very comfortable with my current company and they have offered to help in any way for my CP processing. As my move to India is fixed, other than CP, I dont have any other alternative. As mentioned by Naga, I want to make sure that I don't take a wrong step while I am in India. I still haven't read all the posts thoroughly yet. I will respond more with the decision and steps I am going to take.

Thank you all for your contribution. Naga, good luck to you and please update whenever possible.

Ravi
 
currently in India for 1 1/2 yrs, GC going on

Hi Lcrusader,

Your case is like mine, where in My CP process in on. I have been in India for last 2 yrs now and my GC process through CP is going on. I have recently recd my fee bills. As long as the the company which is sposoring the GC is ready to give employment letters you are fine.

140 AD: 8-2-2005
NVC case created: 8-15-2005
NVC Fee bill Generated-- 8-22-05
Fee bill recd-- 8-30-05
 
Chanshan, thank you for your response and it means a lot to me. Finally, I have come across someone who is exactly in the same boat. Lets share the load!!

Ravi
 
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